@intolaw.co.za: A full Bench of the Johannesburg High Court (confirmed by the Constitutional Court) ruled that the old power in section 13(7)(c) of the SAPS Act that allowed police to do warrantless searches of private homes during “cordon-and-search” operations was overbroad and unconstitutional. Key lessons: 1. The right to privacy in your home is extremely strong. Any law that lets police walk in and search without a warrant must be tightly limited. 2. Ordinary warrantless searches are only allowed under the strict rules of section 22 of the Criminal Procedure Act: you consent, or the officer reasonably believes a warrant would be granted and the delay would defeat the purpose of the search. 3. “Restoring public order” or “public safety” does not give a blank cheque to raid homes. Warnings / pitfalls: a. Police cannot use cordon powers for ulterior motives (crime-stat chasing, immigration raids by Home Affairs, occupancy audits by the City, or pressuring people to leave buildings). b. Rubber-stamped “blanket authorisations” with copy-paste crime stats are unlawful. c. Decision-makers must apply their minds. Humiliating, degrading or invasive conduct during a search (forcing someone to undress, frog-marching people in underwear, theft of belongings) is not protected by the law. Remedies: i. Unlawful searches, seizures, arrests and fingerprinting can be declared invalid and set aside. ii. Evidence obtained this way can be challenged. iii. You can approach the courts for interdicts, reviews under PAJA, and other constitutional relief. iv. The unconstitutional part of the old section has been severed – police must now stick to proper warrant or section 22 procedures for homes. Know your rights. A “cordon” does not automatically mean your bedroom door can be kicked in. If this helped you understand your rights better, follow for more clear legal breakdowns and share so others know too. #KnowYourRights #SAPSAct #RightToPrivacy #ConstitutionalCourt #SouthAfricaLaw

IntoLaw

Open In TikTok:

Region: ZA

Wednesday 19 August 2026 06:36:13 GMT